Government legal representation in Bangladesh’s courts remains inadequate due to a weak legal framework, politicised appointments, poor accountability, and institutional neglect. As a result, the 2025 Judicial Reform Commission Report recommended the establishment of a permanent, professional Government Attorney Service (GAS) to provide independent and effective legal representation. This blog examines how a GAS can protect human rights and uphold the rule of law by ensuring fair trials, combating arbitrary detention, and reducing the backlog of cases that hampers timely remedies and access to justice.

The right to a fair trial, protection from arbitrary detention, and access to effective justice systems are all fundamental aspects of both constitutional and international human rights law. In Bangladesh, however, systematic flaws in government legal representation in courts have long undermined these rights. Currently,  the Attorney General for Bangladesh is appointed under Article 64 of the Constitution of Bangladesh, while other law officers, namely Additional, Deputy, and Assistant Attorney Generals and district-level Government Pleaders (GPs) and Public Prosecutors (PPs), are appointed under a fragmented framework, including the Bangladesh Law Officers Order, 1972; the Legal Remembrancer’s Manual, 1960; and the Code of Criminal Procedure (CrPC), 1898. These laws offer minimal protection against arbitrary removal, permit private practice, and provide little oversight, enabling politicised appointments and undermining meritocracy. The result is widespread delay, pre-trial detention, inefficiencies, and over 4.2 million pending cases, denying citizens timely and effective justice.

To address these challenges, no political government undertook meaningful reform. It was only in 2008 that a caretaker/interim government promulgated an Ordinance to establish a permanent Government Attorney Service (GAS), covering both the Supreme Court and District Courts. A revised Ordinance on 2 December 2008, however, excluded the Supreme Court branch, most likely due to vested interests. The initiative came to an end in 2009 when the elected political government declined to enact the Ordinance into law. Following the 2024 July mass uprising, the current interim government formed a Judicial Reform Commission (JRC), which submitted a detailed Report on 31 January 2025 recommending the establishment of a unified, permanent and politically independent GAS. This statutory body would consolidate Attorneys, PPs and GPs under one professional service, with merit-based recruitment through the Bangladesh Judicial Service Commission. Establishing the GAS would ensure compliance with the 1990 UN Guidelines on the Role of Prosecutors and help fulfil Bangladesh’s obligations under the International Covenant on Civil and Political Rights (ICCPR) and constitutional guarantees under Articles 27, 31, and 35 of equality, legal protection, and a speedy and fair trial.

Prosecutorial dysfunction, characterised by absenteeism, lack of preparation, and inadequate investigative coordination, often results in pre-trial detention and miscarriages of justice. The proposed GAS would provide full-time representation in all courts, since private practice will be prohibited, supported by dedicated staff, infrastructure, and opportunities for professional development. Importantly, it would empower prosecutors to refrain from pursuing unfounded charges, thereby reducing arbitrary arrests and detentions in line with Article 9 of the ICCPR. Furthermore, the JRC recommends that prosecutors oversee investigations into indictable offences, which is a vital safeguard in a system still troubled by custodial abuse and torture, even death, despite the legal protections established under the Torture and Custodial Death (Prevention) Act, 2013. This move is an important step towards accountability, which is rooted in human rights, despite the fact that it will require amendments to the CrPC and a slight shift in the country’s adversarial court culture.

The human rights implications of civil case delays are no less urgent. Excessive delays contribute to injustice and fuel social unrest. A professional and permanent GAS would provide appropriate counsel, minimise adjournments, promote interagency coordination, and assist marginalised litigants, resulting in a reduction in delays. Furthermore, its monitoring and accountability mechanisms under a new Department within the Law and Justice Division, trained attorneys, specialist units, and victim-sensitive approaches will improve institutional performance and public trust, allowing Bangladesh to meet its obligation under Article 2(3) of the ICCPR to provide effective remedies for human rights violations and uphold the rule of law.

Institutionalising the GAS is not merely an administrative reform; it is a constitutional and human rights obligation. By addressing longstanding structural weaknesses in legal representation, the GAS offers Bangladesh a credible path to restore fairness, reduce impunity, and realise access to justice for all.